May 21, 1998
CLA-2-62:RR:NC:TA:355 C87390CATEGORY:CLASSIFICATIONTARIFF NO.:6203.43.4010
Mr. Herbert William Julich
Delmar International Inc.
147-55 175th Street
Jamaica, New York 11434RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of men's woven trousers of synthetic fibers from Mexico; Article 509
Dear Mr. Julich:
In your undated letter you requested a ruling on the status of men's woven polyester trousers from Mexico on behalf of your client, Hope Manufacturing, under the NAFTA.
The submitted sample is a pair of men's woven polyester trousers. It has belt loops, a hook and eye closure on the waistband, a zippered fly, side pockets and two back pockets. In Mexico fabric from Taiwan is cut and assembled into the finished trousers.
The applicable tariff provision for the trousers will be 6203.43.4010, Harmonized Tariff Schedule of the United States (HTSUS), (HTS), which provides for men's woven trousers of synthetic fibers. The general rate of duty will be 29% ad valorem.
The merchandise does not qualify for preferential treatment as originating goods under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/62.03.
However, noting Additional U.S. Note 3(b) to Section XI, HTSUS, the trousers are eligible for a Tariff Preference Level (TPL); a (TPL) provides for a Customs duty at a preferential (NAFTA) rate to imports of a particular good up to the specified quantity indicated in Additional U.S. Note 3(g)(i), upon compliance with all applicable regulations.
Goods classified under subheading 6203.43.4010, (HTS), which qualify for the TPL have a free rate of duty.
The special statistical reporting number 9999.00.60, HTSUS, is required with the above classification for apparel goods imported from Mexico under the terms of Additional U.S. Note 3 to Section XI of the HTSUS.
Woven polyester trousers fall within textile category designation 647. Based upon international textile trade agreements products of Mexico are subject to quota and the requirement of a visa.
Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Gerard Shea at 212-466-5878.
Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.
Sincerely,
Robert B. Swierupski
Director,